Decree No. 13/2001/ND-CP on the protection of new plant varieties

DECREE N (), 1.3/2001./NDHCP OF APRIL 20, 2001 ON THE PROTECTION OF NRW PLANT VARIETIES THE GOVERNMENT Pursuant to the Law on Organization of the Governmenf ofSeptemher 30, 1992; Pursuant to the Civil Code of October 28, 1995; At the proposal of the Minister of Agriculture and Rural Development, DECRlZES: Clrapterl GlfNERAL PROVISIONS Article J.H Scope of application l. This Decree is promulgated to protect the interests of organizations and individuals that select, create or have lhe legitimate right to inherit JlCW plant varieties on the Vietnamese territory (including agricultural and forest plant varieties, called new plant varieties in lhis I)ecrce); to encourage organizations and individuals of all economic sectors to invest in selecting; creating and using new plant varieties, contrihuti11g to the agricultural and rural development. 2. This Decree lays down the principles and conditions for being grnnted the titles of protection of new plant varieties (called the protectiot1 titles for short); the order and procedures for granting of the protection titles; interests and obligations of !he protection tille holders; the suspension and cancellation of the protection titles; the State rnamigemcnt and snnctions related to the protection of new plant variclics-. J. New phmt varieties owned by org,-mizations and individuals of the countries which have together ,vith Vietiiam signed or acceded to in1crnational agreements on th:: protection of new plant varieties, sl1al1 lJe prolected in Vietnam Hccording to fhc provisions of this Decree, except otherwise provided for i11 international agreements which the Socialist Repu!)lic of Vietnam has signed or acceded to. 4. Nev;· p I.ant varieties sdcclcd ,md created by domestic ort;;,rn11atio11s and indi1·id11ah. v,·\Jic\1 arc rc]Mcd to wl! ion:11 interrsls and n.:ed f.o be kepl scnct, shaH be subject to scparn1c rc1 1,u!n!ions of 1hc Stntc. Al'ficfo 2. - T 11 tcrprc!il tion of terms In this Decree, the following 1 crrns arc cons! rued as fol w:i. 1. "Plant variety" is a group of plants or lite fowest level in the botanic classificafion, which should meet the following conditions: a/ Being recognized through the 1mnifestation of ch:irncleristics dictated by their genctype; b/ Being distinguislw bk from any other group of plants through the manifestation of at least one charncteristic mentioned at Point a of 1his Clause; d Being stable in the multiplicative process. 2. '·New plant variety" means a plan1 variety which is dis1inctive, m11fonn, st;ible and not widely-known. 3 "Protected 11ew pla 11t variety" mc,ms a new plant variety which is granted the protection-title. 4 ''Plant varieties actually originated from protected planl wuietics" mean plant varieties newly created from the l)r◊teclcd phm\ varieties (origin:al varieties)by some sc lectivc creation methods, fot example: varia1 io1i selection (natutal oi:· artificial mutatioii.~, somatic variations, selection of individual variations from original plants), backcrossing, gene 1ransfer, cell fusion, which basically retain characteristics like the original varieties and difl:er horn the oiiginal v:nieties ill one or several characterisHcs. 5. "WidelyHknown plant varieties", it1c!uding: a/ New plant varieties protected by the State; b/ New plant varieties with the applic:1tions for protectioi1 thereoflrnving been filed and published by the competent bodies on a specialized journal; c/ Plant varieties recognized as national varieties; di Specialty plant varieties of localities, recognized by the prov i ncia 1/munici pal Agriculture and Rural Development Services; e/ v:H"icl ies mentioned at Points a and b of this Cfausc, ofi.he co11ntries tlw,i. haYe signed agreements with Vktn,nn on the prn!cction or new plant varieties. 6 '·Stock" means whole trees or parts thereof such as seeds, saplings, cllttinr,s, grafts, tissues, eel Is, buddill!\ t1.1hn, trimk sections used for production ol new pl:mts. 7. "ffarvcslcd producl:;" are whole trees ur m1v par! thcn~or collected from the cultivation of the slocks of prnkcted varieties. 8. ";\utlwrs of new plant varietiics" mean irnlividuals m a gim1p of pi:-:t:s1ms who I iavc nscd tl1i:- phm\ gc:ue ~;mnce [q ;d,.'d. c :w;1lc or {1:1w;Ji1rm \vikl 1.1Lmt~ i,11u 11cw nl:inl varieties. 9. "Protecti011 title holdcrs" arc mp ,1i1a1io11s ;rnd individuals tlwt arc granted lhe protcct:nu titles or cnli tlcd to 1 ranslcr or inherit llie prolcclio11 titles and \iave the right to JawfnU\ own 11ew plai1( \'c1nctic:s. HJ. '·Assav of distincli\'cncss. m1ifonnily and stability" (hereinafter called DUS cJssay) means the :.issay on fields or iu l,ibornlorics acx:ording 10 /he sc/ proccd!frcs- lo determine the distincliv:ucss, 1111ifonnity :ind srnbility of 11cw plant varieties. 11. "Licensing" means I he transfer of the right to use plant varieties to those who need to use them. Article 3.- General principles for the protection or 1hc rights over Hew plan! varieties l. The State recogni7CS and protecls the rights over new plant varieties in the form of granting protection titles. 2. All activities of selcc1ii1g, creating, producing, trndi11g in and usi1ig new plant varieties prntected by the State shall have to comply with the provisions or this Decree and other relevant legal document!-;. 3. Titles of protection of new plant varieties shall be granted 01'1ly once 10:thosc entitled to own protection titles after the apprnisal of the dossier form :md the appraisal of!he dossier contents; no re~granting shall be made. 4. Grantees of the titles of prokct ion of plant varieties shaH have lo pay an appr;ii.sal fee and amm.1! tees to maintain the clfccl of th.cir p:rotection titles. Chapter 11 CONDITIONS, ORDER AND PROCEDURES Ji'OR GRANnNG OF PROTECTION TITLES Article 4.-- Conditions for new plant varieties to be protected To be prntcctecL new plant varieties must meet all the following conditions: l. New plant varieties mus! bclollg to the branches and species of plants on the Ii st of protected plants, publicized by the Mirns11y of Agriculture and Hural Uevclopmc d. 2 Nc,v plant varielir;s must be dislinctive. A pla 1' variety sha 11 he regarded c1s being disiinctive if it hear one or rnany principal ch;uactcristics obviously distincti i'e from plant 1·ariclics lhat arc widdy known ,l( lhe tim , the applications for prnl1:ct inn ;ue filed. :, . kw plant varieties 1ll 11:;1 be uni fornt ;\ pJ,mr variety shall be rcg;irded w: /Jcing uniform if ,di ofi(\ plan\S 111: u1iksl rhc s:unr princip:il clirn nc1nistics. cxch1ding disp,11itic, wirhin a pcrmiHc:d c:\1Clll for some spccilic ch:11actefr;lics d1Hing the mull ipl ic;Hi I e process. 1. Nnr plant vmiclics must be stable ,\ pl;1111 \',ll'i1·1y slwll ll" rcg;wdcd :JS 111:in<'. s!nblc 1r when being 111ultiplicd by !he garnogcnetic m clonal method, ii~ principal charac(cristics s1.ill re1.ain the 1nanifcs1ations as imtially described, ,vitho11t am changes afrcr each muhiplirntiYe crop or at the end of cad1 mu ltipltcat iYc cycl c. 5. Nc,v plant nirictit;s musl be c01mncn:ially new. A pl,1nl w1ricty slinl I be regarded as being cmmnercially new if a\ the (imc lhc application for i!s protec1ion is filed, !he slock or harvested product of such plant variety had not yet been sold or distributed for the purposes of plant varict\' trndii1g by the person c11titlcd to file such ;ippJication or bv a lcg:illy ai1!horizcd person one year before the d,1tc !he application is filed on the Vietnamese territory and six years before the date the application is filed outside Ilic Viclliamese teiritotyfoi" groups of woody and binc plants and four years forother groups or plan ls. 6. Ne,v plant varieties rnus( .hear appropriate appellations. easily distinguishable from those of other plant varieties of the same spetits, which arc widely known. The appellations ofilcw plMH vilri~ties shall, after being approved in writing by !he tompetenL bodies. be the officinl appellations, even aftd the expin· of the protection duration a1id nobody may nse·them freely. The following ways of appellation shal ! not be a cccpted by 1he Slate: a/ Consisting of only numerals: b/ Violating social ethics: c/ Easily cans i ng mi sund.crsta ndi ng of the characteristics and propc11ies oft he ~pccics or the ant hor 's biography: di Being identical or collfusinely similar to protected trademarks, origi11 appellalions of products: being identical or similar to !1arvcstcd products of Stich plant wirietics Article 5.·· ,,:,ibjecls entitled to request 1hr: gnmting of protection lilies I. Organizations selecting and creal ing new plaJII va1ie1ies wil h the source of Stale bndget capita I or their own sowce; of capita I sh:11l \Jc entitled lo file applica! ions for protection titles. For individuals (\'mictv ,Hl!hors) pe1fonning 1he task of selccl i ng and crcal i ng new plm1t varieties, assigned by p:11 ticular mg;rni1.:1l lun:.;, :,uch organizations shall be c111i!lh1 lo liJc Dpplicn!iom for prn/r:c/ion li!lcs. '.l. I ud 11·idu;i ls i;r·kcti ng ,llld crcati 11g new P 1,int Cll·l'JCl;\L C, :r1·1-: v:1rietic:; with (heir mm cffor1s and ri11aJ)(:ial smnccs ~h;ill be'. elltitkd lo file applications for protection 1 i1 lcs. l FOI nc\\' plan( v;nic!ics selected and crcn!ed under couperatio11 con( rnc:ts bct\\'ecn the p;1r(ics, the right to file dpplica1ions shall be agreed upon by (he parties to 1hc con1 rnc1Y where the party enti1lcd to fik nn applic;ition is 110t spcci lkd in the contract, the par1y that I tires persons to create ni;\\- plant 'i',irieties shall bu eulil led to fik an application. I-. Wlwre more tlwn one organization or imliYidual file applications for protection titles rcla1ed lo the same new plant ,·aric1y, the organization or indiyidual tllll1 is 111c first to file thl~ dossier s Ii all be accepted il d considered for the granting of the pro!ec\ion titlefor the new pbmt niriety according to the provi;;ions or this Decree. · 5. Where !he subjects stc1ted in Hem -I- of this Article file their appliccllions on thc.snme day, the application of the orgnnization or indiVi(lual that is the r1rst to se]ect and create the new pliml variety at issue shall be accepted a 11d considered fort he graiiti11g of a protection 1 itlc. Where it is i mpossibk toideh!i (V which organ ii.ation or individual is the first to create the new plant variet.y, the competent body may refuse to ,iceept.their applications. The above org;1 ni r:ations and indi victuals may agree with one another on together filing a sole application and being co-holders of1he granted protection title. Article 6.- Dossiers ofapplicatioi1 for protection titles I. The applicant for a protection title shall submit il <lossier consis(i11g of: M An app!icnlion for a protection title: bi Docuuwn(s describing the variety according to the sci form toge1her with its pholos; The dossier nrnst be in Vietnamese: where a foreign org;mizmion or indi\"idual applies for a protection title. the Vie1nan1csc-language dossier must be enclosed with ,Hl Ellglish-language Ycrsion. 2. 0 rga niz ations or indi,,idual s applying for protect ion ti{lcs shall have to directly submit or au1horizc o1her o rg,1 ni z,1 tion s or individuals to reprcsem them in su IJ1 ai t ting their dos sicrs ( o ( he con 1pc! c1I ! bodies. 1. Foreign organizations or individuals 1 hat ha1 c lmd'i1l rcprcscntitivc~ in Vietnam and :1pply forprotcc1ion 1 tt ks may d ircctly subrn i ! or authorize other org:rninllions OJ' individuals having 1hc kgal person ~tar 11s to represent them in submilting 1heir dossiers to the co1111w1n11 bodies \Vherr frm:ign organi1a1 ions or irn Ii 1·idu:1 Is l1ayc 110 J;nl'f11I rqircsi;nlalives in Viet n,Hn ,111d wish lo appl~ for p1·011;C\iu11 tit lcs. I lie\' sh:ill Jia,c lo submi1 ! lwii dos~icr~ :rnd r::in 1' our rcla1cd procedures throngh r,·prc'.:-::Htcltion •:c:' icr 0rg,11111.;1tin11.,, h:11 ing llv kg·il p1·1·(,0ll status 10 rqllcscnl them in s1tlrn1i11mg their dossiers. .-J. Where dos•,icrs of applica1ion for protection lilies me compli;ml wilh the provisions of Clause l of this A rticlc, !he cumpetc111 bodies sh al I h,ffc to cc11 i fy the date or submission :ind r:lca rl\' i uscribe the ;1ppli cut ions· number signs. Article 7, .. Apprais:11 or ( he form of the dossiers or application for protection I it lcs l. Wi1hin 15 days a Her the date on ,,·hicl1 the dossiers ;ne submitted . the compe1e111 bodies shall have to comp I('.( c the appraisal ol the dossier form, determine the dates of submission of valid dossiers and the priority dates. If detecting Urnt the dossiers arc incomplete or imperfect, they shall have 10 no1ify Hie dossier submitters thereof. Within 30 days after the datc of receipt of such notice, the dossier submiitcrs shall have to come and gi,-c explanations or revise andrnake addi!ions to their dossiers. Where revised or supplemented dossiers remain inappropriate or no revision or supplement is made, the competent bodies may decline krconsider them. 2. The dntc of subrnissi on of valid dos:;ier isdeterntincd as the date on which the dossier ifo longefcontains any error or 1he date on which tile dossier is coinpieted by the submitter and accepted by the competent body. 3 Wi1hill <JO days after the date the ,ipplkan1s for protection titles submit valid dossiers, .the competent bodies shall ha\'e to cmnpkte the step 1- appraisal of the follmving contents: · a/ Whether or not the dossier submitters arc eligible as prescribed in A11icle 5 of this Decree: b/ Whether or not the new plant varieties belong to the brandies and species on the list of those protected by tl1c State as prescribed in Clause l or Article 4; c/ Whether or 1w1 1he new plant varieties fall in1o the cater;ories specified in Clauses 3 and 4, Article 1 of tl1is Decree; di Whether or not the new plant varieties meet the condilion on commercial newness as prescribed in Clause 5. Article 4 of this Decree: e/ Whether ur not 1he appellations of the new plant ,,uieties cornpi>' with CLm,c 6, Article -I- of this Deere(:. Irthc appellations of1 he JH'.1\- plant ,·arictics do 1101 mm ply tlicrewitl1. !he compdcn! bodies shall h,n-e lo 11otiJ~- the dossier snbmiltcrs (hcn:uf'. The dossier submitters shaJl have to /',ive 11ew appellations and ">uhmil Them to 1he crn11pctcnl bodies \l'it hin 1.5 d,l\"s after receipt of the latter ·s notices lf the varieties ne11 appellations still f:1il to com pl 1·. t l 1c co111 pdrn I lmd ll:S ma\' decline to consick1 ~ u ch dossiers. I In riv J)Hl('i'.'', 11!· :q1pr:1i',i11g lhc rioi,sicr nm1c11t Ilic competent bodies nw.y request the dossier subrnittcrs lo correct errors refated to the content and form of their dossiers. If the dossier subnuuc:1s do not corneto suppkmc11t and/or revise them, the competent bodies may reject such dossiers. .5. In cases where the compct(~nt bodies accept (he dossiers in wti ting, a Iler conducting the step 1-apprnisa L they shall publish the notices thereof on a specializedjourrn1l and infonn st1ch to the apµlicm1ts for the latter to come anrl carry out the procedures for the skp 2-appraisal. Article 8.- Apprai sa 1 of the conteu! s of dossiers of application for protection titles l. Within 15 days afler n;ccipt o 11 he not ir.:~s prcscrilwd in Clause 5, Article 7 of this Decree, the dossier submillcrn shall have to submit their variety samples to the DU s~assay agency 2. DUS assay sllall be conducted according to assay pmcedurcs applicable to each new plant species, which are issued by tl 1e Ministry of Agriculture and Rural Development The competent bodies shall conduct the step 2~appraisal of the disti11ctivcncss, m•ifonnity and stability of the new plarit varieties on the basis of the DUS assay results ofthe assay agency. 3. After lhe step 2~appraisal results are made available, the competent bodies shall have to: a/ Publish on a specialized jout11.µl their intention to grant the protection tides if the ne\,, plant varieties comply with the provisions of Clauses 2, 3 and 4, Article 4 of this Decree; b/ Within 30 days.after the competent bodies publish on a specialized journal notices of their intention to grant the protection titles, if them are no opinions against such no1ices, I.he')' shall complete the procedures for granting the protection titles; if there are opinions against such notices, within 30 days after receiving such opinions, the competent bodies shall have to consider them and make conclusions; cl Reject the applications and notify the dossier submitters, publish on a specializedjournal the notices that the dossiers arc, ancr undergoing the step 2-apprnisal, not compliant with the provisions of Clauses 2, 3 and 4, Article 4 of this Decree. 4. If disagreeing with the rejection oft11eir applications, within 30 days after receiving the application~rcjccting notices, the dossier s11bm.itte1s may lodge w1 i Ucn complaints with lhc Minister of Agriculture and Rural Development. 5. Fm varieties digiblc for being granted the prntcc! i011 titles, the Minister of Agriculture and Rurnl Development shall sign decisions to grant the protectim1 ti!lcs. At the reqi.a:sls of the protection title holden, thr: Ministry uf Aericulll1re and Rural Devclopmci11111ay grant co pi.cs of the protection titles to their hol dns if the 1 atter can gi1T. plausible reason., therefor. ,1rtide 9 .. Tenn or protection l)r llCW plant varieties The term of protection is 20 years for new plant varieties; ?, "i years for woody p lauts, as from the date of granting of the protection titles. TJ1c term or protec1ion of new plant varieties shall be counted from the date of granting of the protection titles to the end of the date of expiry of the effective tcm1s of the protection ti11es or to the date of termination of the effect lhcn;of. Article JO.- Priority right 1. The appJica nts for the titles of protection of new plant varieties may request the enjoyment of priority right if they file, with.in 12 lllonths after filing first applications in the countries which have, together with Vie!nam, signed or acceded to international agreements mi the protection of new plant varieties, second applicatioilsJor the protection of the same plant varieties on VieUiam's territmy. 2. Within 90 days after submitting the second dossiers, orga11izations and individuals that wish to eujoy the priority right sha 11 have to submi Uo the competent bodies the copies of dossiers of the first applications with certification by the bodies tliat received them, samples ,md other evidences to prove that the new plant varieties arc the same in the two ;ipplications. 3. ·me applications for the protection titles enjoying the p1iority right shall have the corresp011ding priority date being the date of filing of the first valid applications. Chapter III INTERESTS AND OBLIGATIONS OF' PROTECTION TITLE HOLDERS AND AUTHORS OF NEW PLANT VARIETIES . Article 11.- Rights of protection title holders 1. Tl!c holders of the titles of pro!ccrion of new plan/ v;irie!ies may permit or not permit the use ofthc stocks of !he protected varieties, harvested prod1icts from the cultivation of the stocks of the protected varieties in the following activities: a/ Productio11 or multiplication for the business purpose; h/ Processing of varieties for I he business purpose; c/ Sn le offers: d/ Sak or other forms oflmsi1wss; el Export; fl Import; r✓ Storing for conducting activities specified al Points ri, Ii, c, d, c amt for 1 his Clause 2. During 1he time from the dale the~' file valid ap11lica!ions to the date they arc granted the titles of protection of new plant wirieties, the protection title holders may request other organiz:1tion.s and/or iodividuals to pay compensation for damage caused by their acts related to the protected plant wuieties' stocks and harvested products according to t11e provisions ofCliiuse 1 of this Arl.ic!c, which are not yet pcrmiUed by the pro!ection title holders. 3. The protection title holders' 1ights over the activities speci fled in Cl:mses 1 and 2 of this Article sha II also apply in the following cases: a/ New plant varieties actually originated from !he protected varieties which themselves arc not ;:ictually originated from another protected variety; b/ New plant varieties which are not obviously distinctive from protected varieties: cl Ne"' plant varieties the multiplication of which requires the repeated use of protected varieties. 4. The protectimrtitle holders may themselves exploit or transfer the right to exploit new plant varieties to other orgM1izations and/or individuals. Contracts for transfer of the right to exploit uew plant varieties shall be made in writing and registered with competent bodies. 5. The protection title holders may iuherit and transfer the right to own the protection titles according to law provisio11S. 6. The protection hllc holders may request the competent bodies to handle acts of infringing upon their rights and request the infringcrs to pay compensation for damage. 7. The holders or the Ii I !es of protection of varieties may not c1tjoy the right to protection of their varieties in the following cases: a/ Varieties used for personal purposes and nor for <:ornmercial pwposes: b/ Farmers who cultivate stocks of the protected varieties use !he harvested products ,ls slrnins for subsequent crops at their farms or for cxehanr,e among farming households; d Varieties used for cross-breeding to create other new pla nl varieties, except cases where such ,arictics arc nchrnlly originated from the protected varieties. Article 12.- Oblir,atiom ofth,: prntecti,m 1itk huldus The prntcction ritk holrter~ ~h,111 h;1ve llw followi11f, oblig;1l10n\: l. To pNson;1 lly pn;scn'r: or aufhorize other persons lo p1cscn·e 1hc '1(>d;s ,1CtJ;, 1,,1 otccted varieties and snppJy such slocks a1 1\w nq1w•.d-: of the competent bodies for cuslo ·: at t\ic gene h,n1k. for use as standard sarnples for cultiYati:in to enable th(: insp,::ction oft he distinctiveness, u11i [ormity and s1ahili1y of 1hr µrolected varieties; 2. The prntectioB tilk holders being Viclnamcsc orga ni z::itions and indi vi dnc1J s sha 11 have to pay remuneration to llw variety authors stated in Article 5 of this Decree. If there is no other agreement between the authors and the prntcctiol! title holders, the mininmm renm:neration level shall not be lower than 20% of the profits earr1ed by the protection title holders from the exploitation of the new plant varieties each year; or 30% of the total payment !he protection title holders receive from eadt sale o[ license or from the compctL~ation for the granting of llOJM ol untary licenses: J . To p;iy fees when submitting the dossiers of application for the appraisal ofthe forms and contents of the dossiers of application for protectiontitles ;rnd pay amrnal fees as from the year they are gr;iilted the protection ti Iles so as to mai nfa1in the effect of rnd, protection titles; 4. Victna111csc organizations and individuals may transfer the right to own the titles of proteciion of 11cw plant varieties to foreign organiz(ilions aed inilividuals when so permitted by the Miuistry of Agriculture and Rural D1welopment. . Article J 3.- Restrictions on the rights of the protection title holders I. The holders of the titles of protection of new pl a ut ,,aricties may exercise the right to exploit the Hew plant varieties for mass production on Vietnam's terriL1y only when such new fJ \ant varieties ai"e recognized as national varieties acco1 ding to the regulations of the Ministry of Agricultme and Rural Development. 2. In the national interests or public interest:; , the <:ompetent bodies may issue decisions to grnnt non­ voltmtary JicellSes to exploit the protected new plant varieties The granting of non-voluntary Jice,1scs shall bi: dlecled 011\y 11ndn tbc condi\iom, spccifi.ed in Article 'Mil oftl1c Civil Code. The Ministry of Agricnlrnre aJid Rural Dc,·,:k,p,ir-:;, is I.he Stnte body cm npetcnt to consider illl(i issm: dcci si on i; to grant non-vohmtary licenses to exploit the prowcted plant varieties. Organizations and individuals ilwt ate gnmt(!d 110n \'fll u 11tary liccuses shall have to pay a variety expluit,1110u J'i:,: to t1w prokction title hok\ers at a rntc agreed upon \:Jy lhemsch·,:\ ncnnding lo bw prn1>isw11,. \Vi!li;.i .·J d:ll', ;,flf:1 1udvi111, th,· 1h·ci•;in11s lo ;'1.1111 noiH·oluntary license.,. ii tile: protection 1itk holder~ disagn;e with ~uch dcci~im1~. 1l1c \ m;l\" Judge coruplai111s 11 ilh the competent Stale bodic~ accordine to tlw prn1·1\1rn1'., of thi:o Ll\l' ou Comµbiuts and Dcnunnatiow,. Artidl' 1-1.- Rights and obliga!inns of the aulhors of new ph111t nuictics 1. The authors ofne\\' plant 1·arietics, \\"ho me spc,:1Ck·d in Clauses l, 2 and-+. Anick 'i of this Dec1ec. slinll k1w the following rights: a/ To h,n·e their names 1mcribed 1n the t11lcs of prntcc1i011 of new plant varic!1i:s aBd in tli<· 11atwnal register of new plant varieties: b/ To receive rCJllUllCn1tion from ll1c prnlccl1u11 !ilk holders according lO Lhc provisious of Clause 3. Art1clc 12 of this Decree; cl To request the competent bodies to handle or initiate lawsuits against the infringement upon their rights specified at Points. and b, Clause 1 of this Article. 2. The autlmrs of new plant varieties shall llaYe the duty to help the protection title holders to perform the obligation of prcscrvi11g the stocks of the protected new p!anl nrietics. ChapleJ" /V SIJSPENSION AND CANCELLATION OF PROTECTION TITLES Article l 5.- Suspension of protection titles l. The prOlcction tillcs shall be suspcuded "·hen one of the following violations is committed: ;1/ The protection title holders fail 10 perform the obligatious specified in Arlidc 12 of this Decree: b/ The plant varieties fail w ensure their uniformit\ or ~tabili!y a~ al the time the prolcctiou 111lcs arc granted. 2. Any third party may send wntten requests 10 the competent bodies to consider the suspension ofllH: effect of the protection titles for the reasons specified in Clause I of this Atiiclc. 3. The protection lilies shall resume tl1cir cfrCct after tl1eir holders have performed all obligations specified in Article J 2 or regained thcu umformity or stability as at the tiini:o the~· an.: granted. Article 16.- Cnnc-dlation ofprol..:ctio11 titles The protcctio11 ti! lcs shall bl' cancelled in tile following cases· l 'J"hepfant Yaridks no longci-111:lllllc11i1 tlwir i1ihcrc11I d1ar:icte1 i.~tics and µrope1 fies :is al 1)1c ! i 1,w thee prnlcction ,\,hi !() (Jl .. )-)(1() 11 ll1ks arc gn111t(·d. 2 The I\Clldcu; ,,1 Ilic title, ol'prnlcction of new pLlnl Y:H1ctirs Yolunl:llll.\ request a rnrnpL:lcnl bod~· to cancel the pio1cctmH 1lllc\ ' When i1 b cklcctcd that the protection !ilk hokier:, :lll' not (:hgibll: subjects as prescribed in Article 5 of this Dt:cru:. Artide 17.-- Uk1:1 o1 the st1spcns1011 ;uu.l c.111cellatiou ol protectio11 utlcs 1 WJ1cn the titles ofpro!cclion of 1icw plant varieties arc cnncd!cd, their holders sli;ill h,we lo return the "·hole or part oft he CXJKnses to the license purchasers to explott 1h,: ne\\' pl:mt \'aric11es ortu the tnmsferccs of the right to m111 such protection titles. 2. The decisions to suspend or cancel the prn1cc1io11 fit Jes ahead of time shall not aflCcL the previous decisions of the C'ourt or the Minister of Agricnlture :md Rural Dc\"clopment regarding acts of i11friI1ging upon the protection titk holdc1s· rights. 3. Dunng the time of suspension of1hcprotcction li1ks, then holders shall not enjoy the rights specified in Article 11 of this Decree. ..J-. If the protection til!i;: holders d iSagrec with the decisions (o sn~pcml OJ cancel the effect oftheir protection titles. tltcy 111:i~ lodge (heir conlplaints !}1ereabou! and slial I ha\'e their compl11ints sdtlcd according lo the Lm on Complnints and Denunciations. C'Jwpter V STATE MANAGEMENT OVER THE PROTECTION OF NEW,PLANT VARIETIES Article l R.- Tasks and powers of the J\-finistry of Agriculture aud Rural Denlopmenl m tl1e Stale management over 1hc protection of new pl.llll 1 ;iricties ! The Minist1Y ofAericnlturc and Rural J)evclop1nc111 shall perform the Stale management over the protection of new phmt variclies aud !1avc the --csponsibihty to. ;1/ Snbnut t(, tl1c competent State bodies for promulgation or promulgate accordiug to its competence legal docm1ic11l.\ 011 1lie protection of new plant varieties: b/ Grant m witl1drnw protection titles: cl 01ga11iz.0 1]1c:, personnel traini11g to meet the 1equi1cmc1l\~ of llw p101ect10n of new plant, 11Tict1es; d/ Supcn·isc, in'.;p;-;ct ,.md handle viola1wns of the p1ot,Ttiun ;,f 11,:1-, ]'L1al 1·ar1e1ics: d Srtlk ('(1mpl.11111< ;rnd denunciations related to 1J1c p101cc1io11 of 1ic1\· 11L1111 1·arie1ies No I'.! {)2 >-2.0fJJ) 2. Tl1c Ministry of Ae,ricultnre and Rural l kvclnp111-.:nt shall assign cmnpc\1.:.nt agencis;s lo perform \he State nmnagement over the protec1ion of 11ew plan1 varieties, wirh the task of orgm1izing and guiding the compilation. n;ccipt ,md appraisal of dossiers and submil!ing them to the Ivlinis!ry 's leadership for granting, suspension, cancellation or withdrmval of the titles of protection or ucw pl,inJ varieties. Article 19.- Rcsponsibilitics()nhe.Peopk·s Commit1.e\OS of the provinces and centrnlly•·run cities The People's Conunittecs oft he provinces :md centrally­ nm cities shall perfom1 the func!ion of State management over activities of protecting new plant Vdrieties in their respective localities and have the following tasks: L Orgnnizing the management of 11cw plant vmic[ics witllin their rc=,vcctive localities under the g,tiidance ofth.c Ministry of Agriculture and Rural Developmen1: 2. J11spectlng :and handling according to !heir competence acts of infringiug upon the new plant varic1y copyright i11 ! heir respective localities. Chapter VI HANDLING OF VIOLATIONS Article 20.~ Handling of viola1ing organizations and individuals Organizations and individuals that commit acts of violating the law provisions on the protection of new plant varieties shall, depending on the nature and 1,eriousncss of thcirdolatiom,, be sanclioned or c-xamincd for penal liability before law; if causing serious damage, they shaJI have to pay compensation according to law provisions. Article 21.- Handling of persons with positions and powers, who commit acts ofvioln1i~n Those who abuse their positious and powers to commit ae!s of , 1io[ating the regula[ions on the protection or new p.lant vmieties, on the granting of protcc!ion Li!lcs, cover up violators of the legislation on the protection of new plant v,uieties and commit other acts contrary to the law provisions on the protection of new phin1 varieties, shall, dcpendi11g on the nature ciod seriousness oftheirviolatioos, be disciplined ur examined for penal liability according to law provisions. Chapter VII lMPI.EMENTATION I'H.OVISJONS Tllis J.)r,crcc takes effect l 'i day5 uncr its ;,ig11ing: all p1.o\·inns pn\·ic,ions conlrnty to 1\w, Decree .ire all a mm lied. Article }3.- implementation provisions 1 The lvlinistry of Agriculture mid Rural De,,eJop111ent shall <1ssrnne !he prime rcsponsibilitY ,md coordina1c with 1he Minis1rs of Science, Technology and Euvironrncn( in guiding the i111pkmentati011 of this Dccre;e. 2. The Ministry of Finance shall ha\e to coordinate with the Ministry of Agriculture and Rural Development i11 guiding the rates and nse of charges and fees for t11e protection nf11cw plant Yarictics. 3. The ministers, 1he heads of the; minislcrial-Jcvel agencies, the heads of the agencies attached to the Government and the presidents of the Pcnple" s Committees of the prnvinccs and cet1trn!ly-nm citi.es shalt have to implement tl1is Decree.~ 011 behalf of the Government Prime MiJti!.-fer PHAN VAN-KflAl THE PRIME MINISTER DECISION No. 467/QD-T'J'g of Ap,·il 17, 2001 on the establishment of the Vietnam Steering Committee on Smoking and Health To establish the Vietnam S1ecring Committee on Srnokh1gand Hc<1\th ,V\NACOSH, which is composed of the Mi11istcr of Health as i1s Chainnall, a vice minister of hcaHl1 mid a Yicc minister of culture and information as its vice cluiirmen, and ll representatives of concerned miuistries and branches :is its mcmhcrs. VlNACOSlf .~hall be tasked to: •· Ela\:v...,rak ;md s\\hmit lo the Prime Mi.ni~lcr rm <.1pproval lhe national plan o[ actio11 for the prevention of 11nd lic)it ;1Bni11s1 harms caused by smoking; Organu.c, 1111:c nnr\ i11spcct the impk:mtc11t,1tion of snch na1 inual plan nr actio11.• DECISION No. 53/2001/QU-·TTg OF APRIL 19, 2001 ON POLICIES TOWARD BORDER GATE ECONOMIC ZONJ<:S THE PRIME MINISTER Pursuant to the Law on Organization of the Governmelll of'Septe111bf.'r 30, 1992: A I the proposal of the Ministry of' Planning mu/ Investment in Report No. 2933/BKHJQLKT of May 18, 2000, and the suggestion., oftlu; ministries and cenlraf-• level branches and concerned provinces; DECIDES: Article J.-Types of business in bonier gate economic zones. l. The following types of business arc allowed in the border gate economic zones: export-import, temporarv import for re-export,, fransport of transit goods. bonded warehouse, duty-free shop, exhibition-fair, product shmv­ room, est,;1.blislunents producing or processing imports and exports, rcpres.e11t1tive brani;;hes of domestic and foreign companies, border gate markets, investment in infrastructure, S~tvicc, tourism .. 2. It is allowed to set up a :tax suspension area in the burdcr gate economic zone, bu lit must be located separately from other functional areas Jn· the border gate economic zone. Article 2.~ Preferences. 1. Investment in building infrastnicturc in honlcr gate economic zones a/ On the basis of the actually collected anmwl revenues of the State budget in the border gate economic ,:011e (excluding value added tax and special consumption tax on imports, revenues not involved in the local budget balance according to the assignment of rcsponsibili1ies,. such ,:is: coufiscalio!l of sn1llgglcd goods, contributions by the population, school fees, hospital charges, foreign aid ... ), the State shall invest back to build (he inlfastructure of the border gate cco11omic zones at the following rates: .. Reinvestment of 100% ill 1hc border gate econon:iic zones wi1l1 budget revenues of less than VND 50 b1llwn/ yem-. Rdnveslment of VND 50 billion and 50%, uf 1l1c remaining ;-ietually coHectcd revenues of the border gate cco11ort1ic J:UJK'~ \\·1th budget reYenues ofVNJ) .)() billi()II/ ycnr upv:nrd. .. Reim'f'.';1U""tl1 of no mort 11rnn .'i0'½, of Ilic ;wf11:ilil collected revcuues of Ilic hordf:r gale economic 1.011e•; lmvjng operated for ·) year~ (af'lcr the test ope.ration) wd with actually collected revc1tucs of more (!1an VND J 00 billiun/ year. b/ Bonier gate ec011omic Y.Ollcs arc eligible for prefercnti;il loans from lhc State (the Developmcn! Assis1ance Fund) to develop their infrastrnctnre and for the use of funds stipt1latcd at Point a, Clausel, A1ticle 2, !o repay prim.:ipal a11d i11tcrcst. c/ The provincial People's Commiftee sl1all make dispositions in the annual budge! to invest in the border economic zones with low actually collccled budget revenues. The investment in the infrastmctural works rn the border gate economic zone shall be decided by the pnwi11cial People's Commiuee according to {he current rcgulatim1s and on the basis oftlte approved planning and pla11S. d/ If the infratructual prqjects in the border gale economic zone have received all.embweihg and complete investments, it can use !he remaining fund stipulatr:d at Point a, Clause 1, Article 2 as- assistance investment in other projects outside the bOrder gate economic zone (including new border gate economic zones) which arc rel:lted to and directly serve the border-.gate economic zone, The president of the provincial People's .Committee shall take responsibility for his(her),investment decision. At the same time he (she) shall, inform the, Ministry of Phuming and Investment thereof for integration and overseeing. 2. Trade antl tonrism a/ Business entc1vrises stipulated in Clause I, Article J arc digiblc for State preferential loins to inves1 in 1he building of business cs!ablishments al the border gates. b/ Commercial activities shall enjoy border trade preferences according to the current regnla!ions ofU1e State and the commitments that our country has signed with neighbmfog countries. c/ The non~duty mechanism ;,hall apply at the tax suspension areas as at the bonded warehouses. d/ Investors of touristic investment projects are eligible for preferences as stipulated in Article 15 of Domestic T nvcst1i1ent Promotion I,aw (amended) No. 03/1998/Qill 0 ofM;1y 20, 1998. .1. Land Domestic aud foreign investors investing in a border gate economic zouc. when renting laud all(! water smfacc, besides enjoying the cunen! prekrences, are eligible for ;mother 50% reduction or t\1c land and water surf/lee rent ra1c~ compared to !hmc currently ripplicd fl1 this border gale economic zone. .J. Taxation